There are many legal considerations when it comes to drunk driving accidents and DUI law in general. For example, police officers must have reasonable suspicion to pull an individual over and probable cause to test them for alcohol, which generally consists of suspicious or dangerous driving behaviors such as ignoring signs or swerving in the lane. What this essentially means is that police do not always jump to the conclusion that another driver may be intoxicated if there is no reason to suspect that the individual had been drinking.
In most instances, being involved in an accident can qualify as reasonable suspicion, which may lead an officer to investigate the possibility of intoxication. However, if the officer detects no reason to suspect a DUI, then he or she may not investigate, even if there is probable cause. While successfully proving that the other driver was intoxicated can almost guarantee that he or she was at fault, it can be difficult to prove if an officer does not test the driver's sobriety level.
If you believe that the other driver was intoxicated, and an officer did not test the sobriety level of the driver, then you can step up and attempt to prove with your own evidence that the driver was drunk. While this can be difficult, it is not impossible. With the assistance of police reports and even eyewitnesses, you may be able to establish that the other driver was too intoxicated to safely operate a motor vehicle.
Tennessee residents who believe they were involved in an accident with a drunk driver are encouraged to consult with an attorney about their case. If the authorities did not establish sobriety, it is imperative that you seek legal assistance in order to fully understand the legal complexities that you are undertaking. Additionally, an attorney can help you collect evidence and present it in a way that proves the other driver was drunk.